This chapter sets forth review procedures for Planning Commission approval of special land uses. These procedures are instituted to provide an opportunity to use a lot for an activity which, under usual circumstances, would be detrimental to other permitted land uses and cannot be permitted within the same district, but which use can be permitted under circumstances unique to the proposed location and subject to conditions acceptable to the community and providing protection to adjacent land uses. These procedures are adopted to provide guidelines for the Village Planning Commission to follow in arriving at any decision over which the Commission has jurisdiction, and to provide for the public health, safety, morals, and general welfare.

(Ord. 106. Passed 12-9-81.)

   (a)   Application; Submission to Village Clerk. An application for the approval of a special land use may be made by an owner of an interest in the land on which the use is to be located, to the Village Clerk accompanied by the necessary fees and documents as provided herein.

   (b)   Application Forms and Documentation. The application shall be accompanied by the same documentation required for site design approval as set forth in Section 1272.03.

   (c)   Zone Change. The application for approval of a special land use may be accompanied by an application for a zone change, where such a zone change is necessary to the consideration of the special approval application, provided all applicable provisions of a zone change application have been complied with.

   (d)   Referral of Application to Planning Commission. The application for approval of a special land use and the zone application, if any, shall be referred to the Planning Commission at its next regularly scheduled meeting which takes place seven calendar days or more after the initial submission of the application to the Village Clerk. The Commission shall review and communicate its recommendation on the zone change application in accordance with procedures prescribed by applicable statute.

   (e)   Public Hearing. The Commission shall hear any person wishing to express an opinion on the application and review the application at its next regular meeting, following the Commission's formal receipt of the application from the Clerk, provided such date provides adequate time to notify property owners and post a notice of public hearing, as required below:

      (1)   The Village Clerk shall publish a notice of such public hearing for a special land use in a newspaper of general circulation in the Village and shall send a notice of such public hearing by mail or personal delivery to the owners of property for which approval is assessed within 300 feet of the boundary of the property in question, and to the occupants of all structures within 300 feet.

      (2)   The notice shall be given not less than fifteen days before the application will be considered at the public hearing.

      (3)   If the name of the occupant is not known, the term "occupant" may be used in making notification. Notification need not be given to more than one occupant of a structure, except that if a structure contains more than one dwelling unit or spatial area owned or leased by different individuals, partnerships, businesses, or organizations, one occupant of each unit or spatial area shall receive notice. In the case of a single structure containing more than four dwelling units or other distinct spatial areas owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure who shall be requested to post the notice at the primary entrance to the structure.

      (4)   The notice shall do all of the following:

         A.   Describe the nature of the special land use request.

         B.   Indicate the property which is the subject of the special land use request. The notice shall include a listing of all existing street addresses within the property. Street addresses do not need to be created and listed if no such addresses currently exist within the property. If there are no street addresses, other means of identification may be used.

         C.   State when and where the public hearing on the special land use request will be considered.

         D.   Indicate when and where written comments will be received concerning the request.

   (f)   Planning Commission Review and Determination. The Planning Commission shall review the application for special land use approval, together with any professional reports thereon and the comments of all interested parties, and shall make the final determination on the application. Such determination shall be based solely on the requirements and standards of this Zoning Code. The decision on a special use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed. Approval, approval with conditions, or disapproval, shall be made by resolution setting forth the Planning Commission's findings regarding the pertinent requirements and standards.

   (g)   Building Permit. If the special land use is approved by the Planning Commission, the applicant may then submit the written approval to the Building Inspector who will then sign and issue the building permit if all other building permit requirements have been met, and all required signatures have been obtained. If special land use approval is denied on grounds pertaining to the site design of the proposed use, the Planning Commission may, by resolution, provide that a revised site design be resubmitted for review and approval in accordance with the process outlined above. If, in the judgment of the Planning Commission, the special land use can be approved if minor modifications are made to the site design, the Planning Commission may, by resolution, issue a conditional approval in writing and provide for resubmission of a revised site design to the Enforcement Officer who shall sign and issue the building permit upon determination that all appropriate site design modifications have been made in accordance with Planning Commission stipulations, and that all other building permit requirements have been met.

(Ord. 106. Passed 12-9-81; Ord. 106-A46. Passed 11-14-07.)

   The Planning Commission shall approve special land uses upon Planning Commission determination that the proposed use will comply with all requirements of this Zoning Code, including the applicable standards for specific uses and the following general standards:

   (a)   Location. The location of the proposed use within the zoning district will minimize the impact of the traffic generated by the proposed use on surrounding uses. The Planning Commission shall presume that this standard has not been met if the proposed use is not located immediately adjacent to Benstein, Glengary, or South Commerce Roads. This presumption may be set aside by the presentation of substantial evidence indicating that the traffic generated by the proposed use will have a minimal impact despite the failure to meet this locational standard.

   (b)   Site Design. The site design of the proposed use will minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, the Planning Commission will consider:

      (1)   The location and screening of outdoor storage or activity areas and mechanical equipment in relationship to surrounding development.

      (2)   The location and screening of vehicular circulation and parking areas in relationship to surrounding development.

      (3)   The hours of operation of the proposed use. In granting the approval of a use subject to special conditions, the Planning Commission may set such restrictions upon the hours of operation as it deems appropriate to ensure minimal impact on surrounding uses.

      (4)   The bulk, placement, and materials of construction of the proposed use in relationship to surrounding uses.

   (c)   Enhancement of Neighborhood Environment. The site design of the proposed use will be such as to provide the maximum feasible enhancement of the neighborhood environment of the surrounding area. In determining whether this requirement has been met, the Planning Commission shall consider:

      (1)   The provision of landscaping or other site amenities over and above those required by specific stipulations of this Zoning Code. The Planning Commission may require provision of additional landscaping amenities over and above the specific stipulations of this Zoning Code, but such additional landscaping may not be required in an amount which would exceed in cost the greater of fifty percent of the total development cost which would be necessitated by the site improvements specifically stipulated by this Zoning Code, or four percent of the total construction cost of the structure, excluding site clearance or other site preparation costs and excluding paving of parking vehicular circulation and loading areas, except to the extent that such paving may be deemed aesthetically enhancing by use of decorative features such as brick pavers or other similar devices. In determining site development costs, the Planning Commission may accept the presentations of the applicant or may require cost estimates by an independent registered landscape architect obtained at the applicant's expense.

      (2)   The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.

   (d)   Not Detrimental to Surrounding Development. The location of the proposed use shall not be detrimental to the orderly development of surrounding areas.

   (e)   Professional Review. In determining whether the above standards have been met, the Planning Commission may obtain a written evaluation from a professional community planner registered in the State of Michigan.

(Ord. 106. Passed 12-9-81.)

   (a)   Modification of Requirements; Additional Requirements. Prior to granting approval of a special land use, the Planning Commission may modify any of the existing requirements or may impose any additional conditions or limitations upon the establishment, location, construction, maintenance, or operation of the use authorized by the approval as in its judgment may be necessary for the protection of the public interest. Conditions and requirements stated as part of the approval of the use subject to special conditions shall be a continuing obligation of holders of approval. The Zoning Enforcement Officer shall make periodic investigations of developments authorized by approval of uses subject to special conditions to determine compliance with all requirements.

   (b)   Bond. In authorizing a special land use, the Planning Commission may require that a bond or other financial guarantee acceptable to the Village, of ample sum, be furnished by the developer to ensure compliance with such requirements.

   (c)   Continuance. Continuance of special land use approval by the Planning Commission shall be withheld only upon a determination by the Building Inspector to the effect that:

      (1)   Such conditions as may have been prescribed in conjunction with the issuance of the original approval included the requirement that the use be discontinued after a specified time period.

      (2)   Violations of conditions pertaining to the granting of the permit continue to exist more than thirty days after an order to correct has been issued.

   (d)   Plans and Specifications Part of Conditions. All plans, specifications, and statements submitted with the application shall become, with any changes ordered by the Planning Commission, a part of the conditions of any approval issued by the Planning Commission pursuant thereto.

(Ord. 106. Passed 12-9-81.)